COMMERCIAL
PHOTOGRAPHY AGREEMENT

UPDATED JUNE 16, 2026

Terms and Conditions of Commissioning and Reproduction of Pictures
Evolving Media & Design Inc., operating under the brand name Evolving Media

1. Definitions

1. “Pictures” or “Images” includes any photograph, image, transparency, negative, digital file, design, artwork, montage, drawing, engraving, or other visual material offered for reproduction.
2. “Reproduction” includes any form of publication, copying, display, or use of the whole or part of any Picture (whether altered or not) by any means, including print, digital, electronic, or mechanical methods.
3. “Photographer” refers to Jeff Poissant, RGD, the author/creator of the photographs.
4. “Client” or “you” means the person or organization to whom the invoice is addressed (whether acting for yourself or a third party).
5. “Evolving Media”, “we”, “us”, or “our” refers to Jeff Poissant, RGD / Evolving Media & Design Inc., a federally incorporated Canadian company.

These Terms and Conditions represent the entire agreement between us and the Client. Any changes must be agreed in writing in advance.

2. Copyright and Ownership

1. The Photographer retains full copyright and ownership of all Pictures worldwide at all times.
2. Images are licensed for use for a specific period only. Upon expiry of the licence, you must return the images (if applicable) and confirm in writing that all digital files have been permanently deleted within 30 days.
3. We reserve the right to charge for any continued use after the licence expires.
4. No copyright or ownership rights are transferred to you under any circumstances.
5. The Photographer asserts his moral rights to be identified as the author of the work in accordance with applicable Canadian law.
6. If a Picture is reproduced without the required copyright notice or credit line (when specified), we may increase the fee by at least 25%.

3. Use and Reproduction Rights

1. The licence to use the Images only becomes effective once full payment of the invoice has been received (including any late fees).
2. Any permission granted before full payment can be revoked if payment is not made on time.
3. Reproduction rights are strictly limited to the use, media, territory, and duration specified on the invoice. Any additional or different use requires our prior written agreement.
4. Rights are not exclusive unless explicitly stated on the invoice.
5. Rights granted are personal to you and may not be assigned, sublicensed, loaned, or transferred to any third party without our written consent.
6. For printed publications, you must provide us with three free copies of the relevant pages within two weeks of publication. For other media, proof of use must be provided upon request.
7. We reserve the right to refuse licensing our images to any third party.

4. Types of Reproduction Rights

We use the following standard definitions (specific rights will be detailed on your invoice):

1. Internal Use Only: Use within your organization for non-commercial purposes (e.g., in-house magazine not available to the public, internal exhibitions, or intranet).
2. PR and Press Distribution: Use as described in Internal Use, plus distribution to third-party media for editorial purposes where no placement fee is paid.
3. Specified Use Only: One-time use for the exact purpose described on the invoice.
4. Editorial: Single reproduction in one print edition of the specified publication, for editorial purposes only.

5. Booking and Cancellation

1. A booking is confirmed once you complete the Booking Form and we send written confirmation.

2. Once confirmed, we will not book other clients for those dates/times.

3. If you cancel a confirmed booking, the following fees apply:

   • Cancellation more than 10 business days before the shoot: $40 administration fee.
   • Cancellation 10 business days or fewer before the shoot: 20% of the booked photography fee.

4. You will also be responsible for any expenses we have already incurred.

6. Payment Terms

1. Standard terms: 50% deposit + 50% on the day of the shoot, unless separate credit terms have been agreed in writing.
2. Credit terms (when approved): Net 20 days.
3. We accept INTERAC e-Transfer only. We do not accept credit cards or personal cheques.
4. Late payments may result in:
   
   • Interest charges under applicable Canadian law.
   • All outstanding invoices becoming immediately due.
   • Administration fees of $40 per reminder, duplicate invoice, or collection effort.
5. Your right to use any Images begins only after full payment is received. Unauthorized use prior to payment is a breach of copyright.

7. Rejection:

1. We edit and deliver what we consider to be the best images from each situation. Unless a rejection fee has been agreed in advance, there is no right to reject images based on style, composition, or editing choices. 

8. Liability and Indemnity

1. We take reasonable care in performing our services but are not liable for any loss or damage arising from your use or reproduction of the Pictures or captions.
2. You are responsible for obtaining all necessary model releases, property releases, consents, or third-party permissions. We give no warranty regarding such rights.
3. You agree to indemnify and hold us harmless against any claims, damages, or costs resulting from your use of the Images without proper rights or permissions. 

9. Governing Law

1. This Agreement is governed by the laws of Canada. Both parties agree to the exclusive jurisdiction of the Canadian courts.
2. Email communications constitute binding agreements unless you specifically request hardcopy documentation instead.

10. Confidentiality
We will keep all information you provide in confidence and will only use or disclose it as necessary to fulfill our obligations under this Agreement.